tyreel

Hi everyone,

I am also a president of a development and we had a similar problem. You are just wasting time about arguing and discusting the problem without knowing exactly the legal way to sort out this problem. Everyone had a go at me as a president, but beeing president doesnt mean, you are not responsiable for the problem. What I did was, I have called a annual general meeting to discuss this problem with the owners.(Which I can see from the forum this has already been done.) After we received 2/3 of the owners vote, we did deceide to take the developer to court for the outstanding works. What happened afterwards was, the court has send an architect team to inspect the developement and to check if all works which have been promissed ( written in the sales agreement ) are completed. The architects made a list with all outstanding works and have given us the report. Our comlex lawyer has forwarded this official report to the developer with a notice of 3 month to get it completed and with a warning that if he doesnt get it finished by time, that the owners will pay for the works and will claim it back.( In your case you have decided as a complex to complete the work with splitting the cost between residents) This is the best way as court procedure takes a long time and will also cost money. He didnt cooperate and we as the owners had to pay for all. Our lawyer did put a block on several properties on the name of the developer to stop him selling the properties. After a long court case and beacuse the developer gone bankrupt in the mean time, one of the property has been sold via the court and the debts against the community has been paid to us and the rest to developer back. The property in this case gone under a very cheap price for sale, which hurt the developer the most, but it was his fault.If the developer doesnt have any properties on the complex it will be down to the owners to pay debts to complex fund for completion.


I suggest as resident to concentrate on completing the complex and paying then try and claim back your funds from the developer through court other wise this will take a long time. We had also allot of un happy owners, and who didnt agree to pay upfront for the builders misstakes but there isnt a another chance. Especially if the majority of the owners have deceided to do so, you have to accept this. If not the management of the complex has the rights to take action against the owners who fail to pay their shares and this will cause much more problems.

If you need a good english speaking lawyer representing you as residence feel free to pm me. We did win at the end agaisnt the builder and received our money back together with all interests etc.

mollag

A common sense post, lots to recommend it. Well done

OWENA

Am I right in thinking that a complex has to be finished completly WITH a Habitation certificate before monthly management fees are due. We have now been asked to pay £60 per month. Please see below :-

'As you are all aware that site fees would come in to place to enable the up keep and maintaince of the complex.

A decision has been made that from 15th of September 2008 these fees will come in to place.

A sum of 60 GBP per month per apartment has been set in able to maintain and cover the running costs of the complex'.

We have no objection to paying a maintenance fee to a recognised 'complex committee' but we dont have one - we have a committee which was made illegally, and now one of the managers doesn't even get recognised! Dont even know what the £60 per month has been calculated on. What exactly are they maintaining???

mollag

For balance purposes our fees in Gumusluk on a 90 Villa existing site are 60ytl per month. [Adalar Denizi ]

Two gardeners, one night security guard, mail delivery and a huge pool.

sylvia henderson

Hi Owena I did not think that we had to pay maintance fees for an unfinished site I am going over in a few weeks time and will try to find out where we stand with this £60 a month is too much in my opinion

tyreel

Maintenance payment is due after the complex has been completed, hebitation received and owners committee is formed. During the setting up process of an owners committe, the monthly payment will be calculated with all the expenses you might have. Like, pool chemicals, water and electricity cost, staff salary, gardening etc. But if the complex isnt completed yet, why requesting money to maintain it? Doesnt make sence. Also who ever your prasident or chairman is, must and has to show you whenever a owners wants the official book keeping records about expenses and income. What I do realise is that most of you are not in turkey and if this is right why are you not coming together and let you represent from someone who can anonce your voice and control thinks on your behalf. Site management has lots of rules and protection for owners, just use them or let them use for you.

If you need any further help just pm me.